Guam § 5006 - Procedure for Disclosing Digital Assets.

§ 5006. Procedure for Disclosing Digital Assets.

(a) When disclosing digital assets of a user under this Act, the

custodian may at its sole discretion:

(1) grant a fiduciary or designated recipient full access to the

user’s account;

(2) grant a fiduciary or designated recipient partial access to

the user’s account sufficient to perform the tasks with which the

fiduciary or designated recipient is charged; or

(3) provide a fiduciary or designated recipient a copy in a

record of any digital asset that, on the date the custodian received

the request for disclosure, the user could have accessed if the user

were alive and had full capacity and access to the account.

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ACCESS TO DIGITAL ASSETS ACT

(b) A custodian may assess a reasonable administrative charge for

the cost of disclosing digital assets under this Act.

(c) A custodian need not disclose under this Act a digital asset

deleted by a user.

(d) If a user directs or a fiduciary requests a custodian to disclose

under this Act some, but not all, of the user’s digital assets, the custodian

need not disclose the assets if segregation of the assets would impose an

undue burden on the custodian. If the custodian believes the direction or

request imposes an undue burden, the custodian or fiduciary may seek an

order from the court to disclose:

(1) a subset limited by date of the user’s digital assets;

(2) all of the user’s digital assets to the fiduciary or designated

recipient;

(3) none of the user’s digital assets; or

(4) all of the user’s digital assets to the court for review in

camera.